Squatter cases have been on the rise in Georgia, researcher offers theories as to why

Georgia is one state that has seen an uptick in squatter cases being taken to court in recent years, according to a report. 

A report by the Pacific Legal Foundation found an upward trend in squatter cases being brought to court beginning in 2019. The number of these cases in Georgia rose from three in 2017 to 50 in 2021. 

In 2023, there were 198 civil court cases involving squatting in the Peach State, according to the report. 

Additionally, a survey by the National Rental Home Council (NRHC) in 2023 found Atlanta had the largest number, with 1,200 homes being occupied by unlawful inhabitants. Dallas followed with 475, and Orlando had 125. 

A report showed a spike in squatter cases going to court in Georgia in recent years.  (iStock)

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To collect the data reported by the Pacific Legal Foundation, Kyle Sweetland, a research manager for property rights for the public interest law firm, sought out states that had a “centralized record system” for squatting cases and found Georgia had the information available.

“In Georgia, there are certain legal codes that are related to squatting, where I was able to actually check and see that these cases are, in fact, dealing with squatters,” Sweetland told Fox News Digital. He explained that, for other cases, he was able to do a keyword search of the case description itself.    

“It’s a very rough estimate, I believe, but it’s an accurate estimate of what sort of cases are being filed that are talking about squatters in these states at a broader level.”

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This report only gathered data from 25 of Georgia’s 159 counties. 

Removing squatters from homes is a long and expensive process in many states.  (iStock)

It’s unclear why squatter cases have spiked in the state, but there are theories.

“One thing that has been brought up [as] the reason for the backlog in the civil court system, which is what the squatters are taking advantage of, is the eviction moratorium in 2020,” Sweetland explained. The moratorium protected legal tenants, but squatters too, under Georgia’s old law, Sweetland explained. 

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Another theory Sweetland offered for the uptick in squatting is the rise in both rent prices and home prices after the 2020 moratorium. 

Many states, including Georgia, have passed laws putting rights back in the hands of homeowners and away from squatters. 

These laws, like the Georgia Squatter Reform Act put into law by Gov. Brian Kemp, greatly shortened the amount of time it takes to remove a squatter from a home, which was, (and still is in many states), a multi-month, sometimes yearslong process. 

States like Georgia, which have passed laws against squatting, have made it easier for homeowners to evict unlawful inhabitants.  (iStock)

“This is insanity that people just think they can come in and take over somebody’s home. I mean, it’s just outrageous,” Kemp said on “Fox & Friends” prior to passing the law.

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Since this law was passed, it’s likely more squatter cases will be brought to court in the state. 

“More people may go that route to try and remove the squatter, because it’s so much faster now and so much easier now to do that,” Sweetland said. 

If you are a homeowner who has a squatter living on your property, you should call a real estate attorney. 

Jerron Kelley, partner at Kelley & Grant P.A. in Boca Raton, Florida, previously told Fox News Digital that even though a squatter is not part of a landlord-tenant relationship, a real estate attorney will have the most knowledge of the law and the expertise needed to handle your specific situation.